This is another post written in a Q & A format and is intended to help California delivery drivers to determine whether they are improperly classified as independent contractors. In one of our prior posts, we discussed how the legal distinction between independent contractors and employees can be an important one when it comes to determining workers’ rights. For example, under California labor laws, employees are entitled to various wage-and-hour benefits (i.e. overtime meal break premiums), anti-discrimination and retaliation protections. However, the California Labor Code does not provide the same protections to independent contractors. Question I work at a local restaurant in the Bay Area as a delivery driver. I often work more than 8 hours per day and more than 40 hours per week. My boss tells me that I am an independent contractor and he does not have to pay me overtime compensation. I am paid a flat fee of $2,000 per month and I am required to work 6 days per week. I do not work anywhere else. I use my own car and I personally pay for all vehicle-related expenses, including cost of gas, maintenance, repairs, bridge tolls, and insurance. My boss is the one who mainly supervises the delivery process. He assigns each delivery order to a specific driver based on drivers’ experience and delivery time. He also determines the order of deliveries. He constantly supervises my work via cell phone. In addition, he regularly calls me asking to report to work on my days off, expecting me to report within 15-30 minutes. Am I an employee or independent contractor and does my boss have to pay...

Effective January 1, 2015, the minimum wage in San Francisco increased to $11.05 per hour. The increase is a result of the November 2014 ballot measure Proposition J that was overwhelmingly approved by San Francisco residents in November 2014. Proposition J was passed to gradually increase San Francisco’s minimum wage to $15 per hour by 2018. The voter-approved ballot measure includes the following wage increases: May 1, 2015: $12.25 per hour July 1, 2016: $13 per hour July 1, 2017: $14 per hour July 1, 2018: $15 per hour Employers must pay San Francisco’s higher minimum wage for all covered work performed within the...

The following post is written in a Q & A format and is intended to explain employers and employees California overtime law for computing daily and weekly overtime hours for non-exempt employees. It appears there is a misunderstanding as to the correct method of calculating overtime hours for certain workweeks during which employee’s work hours exceed both the 8-hour daily and 40-hour weekly thresholds. I. Question I work for a company, ABC, Inc. as a delivery driver. The Company requires me to work long hours, sometimes 6 or 7 days per week. For example, last week, I worked six 10-hour shifts and one 14-hours shift. I would like to know whether I am entitled to be paid overtime rates for hours exceeding the daily 8-hour limit and then to count those same hours toward the weekly overtime hours. II. Short Answer No. California overtime law explicitly provides that overtime pay should not be duplicated or “pyramided” under the daily and weekly overtime provisions. To avoid pyramiding or duplication of overtime pay for the same hours of work, the Division of Labor Standards Enforcement and the Wage and Hour Division provide that the employee must be paid overtime for all hours in the workweek in excess of the applicable daily maximum or in excess of the applicable weekly maximum, whichever the number of hours is greater. Basically, there is no “pyramiding” of separate forms of overtime pay for the same hours worked. Once an hour worked is paid at the applicable daily overtime rate, that same hour cannot be used in the computation of forty hours for the purposes of...

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